3
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
5.
That Article 1(1) of the American Convention specifies the obligation of the
States Parties to respect the rights and freedoms recognised in said treaty and to
ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms.
6.
That, in conformity with Article 78(2) of the American Convention, the
denunciation made by Trinidad and Tobago does not have the effect of releasing it
from its obligations with respect to acts occurring prior to the effective date of
denunciation which may constitute a violation of the said Convention.
7.
That, pursuant to the Orders of the Inter-American Court of 14 June 1998, 29
August 1998 and 25 May 1999, Trinidad and Tobago had a duty to preserve the life
and physical integrity of Anthony Briggs and Joey Ramiah, both beneficiaries of the
Provisional Measures ordered by this Tribunal.
8.
That the State has failed to submit bi-monthly reports concerning the
circumstances of the beneficiaries of the Provisional Measures, as required by the
Orders of the Court of 29 August 1998, 25 May 1999, 27 May 1999, 25 September
1999 and 16 August 2000.
9.
That Trinidad and Tobago has presented its observations on the execution of
Anthony Briggs and Joey Ramiah.
10.
That Article 68(1) of the American Convention establishes that
[t]he States Parties to the Convention undertake to comply with the judgement of the
Court in any case to which they are parties.
11.
That the States Parties to the Convention should fully comply in good faith
(pacta sunt servanda) with all of the provisions of the Convention, including those
relative to the operation of the two supervisory organs of the American Convention;
and that, in view of the Convention’s fundamental objective of guaranteeing the
effective protection of human rights (Articles 1(1), 2, 51 and 63(2)), States Parties
must refrain from taking actions that may frustrate the restitutio in integrum of the
rights of the alleged victims.
12.
That, pursuant to Article 65 of the Convention,
[t]o each regular session of the General Assembly of the Organi[s]ation of American
States the Court shall submit, for the Assembly’s consideration, a report on its work
during the previous year. It shall specify, in particular, the cases in which a [S]tate has
not complied with its judgements, making any pertinent recommendations.
13.
That the cases of Haniff Hilaire, George Constantine, Wenceslaus James,
Denny Baptiste, Clarence Charles, Keiron Thomas, Anthony Garcia, Wilson Prince,
Darrin Roger Thomas, Mervyn Edmund, Samuel Winchester, Martin Reid, Rodney
Davis, Gangaleen Tahaloo, Noel Seepersad, Wayne Matthews, Alfred Frederick,
Natasha De Leon, Vijay Mungroo, Phillip Chotolal, Naresh Boodram, Joey Ramiah,
Nigel Mark, Wilberforce Bernard, Steve Mungroo, Peter Benjamin, Krishendath